Provides for presumptive eligibility for workers' compensation for certain persons engaged in World Trade Center rescue, recovery, or cleanup operations

Title of bill

An act to amend the workers' compensation law, in relation to providing that any injury or illness, including future manifestations, even after retirement, for occurrences directly related to the terrorist attack on September eleventh, two thousand one be presumptively eligible for compensation under the workers' compensation law

Purpose

This bill will provide for "presumptive eligibility" to workers and volunteers who assisted on or after September 11 th for linking specific diseases and injuries to their work at Ground Zero. Specifically, this bill adds a section to the Workers' Compensation Law stating that employees and volunteers who worked in the rescue, recovery, or clean up efforts at Ground Zero, the Fresh Kills Landfill or barges transporting debris between these locations are presumptively eligible for workers' compensation claims for certain qualifying conditions related to such work.

Summary of provisions

This bill will amend the workers' compensation law by adding a new section 21-b which provides for special presumptions. It states that any death or condition or impairment of health caused by a qualifying condition to an employee who participated in World Trade Center rescue, recovery, and clean-up efforts for a minimum of forty hours shall be presumptive evidence that it was incurred in the performance and discharge of duty and the natural and proximate result of an accident not caused by the employee's own willful negligence.

Subdivision 3 lists the qualifying conditions.

Subdivision 4 defines what workers will be deemed to have "participated" in the rescue, recovery and clean-up effort.

Subdivision 5 requires that the employee file a statement with the board, not later than two years from the effective date of this legislation, indicating the dates and locations of employment.

Justification

This bill will build upon the August 2006 law extending the statue of limitations for 9/11 rescue, recovery and clean-up workers. Claims made by 9111 workers have been denied at twice the rate of non-9/11 claims, and this legislation will help ensure that those who became ill due to their work helping New York are adequately compensated. This bill will ameliorate the challenges that injured workers face, including having a heavy burden to prove their claims and being forced to expend both time and financial resources to receive their rightful compensation. These heroes deserve the opportunity to focus on improving their health without fear of not having the income they need to pay for treatment.

Legislative history

2008: S.4068 - Referred to Labor/A.6433 - Referred to Labor 2007: S.4068 - 3rd Reading Calendar/A.6433 - Reported to Ways & Means

Fiscal implications

Minimal to State.

Effective date

This act shall take effect immediately.